What Is Common Law in India

[2] KG Balakrishnan, An Overview of the Indian Justice Delivery Mechanism, 2008, www.supremecourtofindia.nic.in/speeches/speeches_2008/abu_dhabi__as_delivered.pdf. [1] (Pollock Fredreick, The Genius of the Common Law, 1911). The personal laws of Indian Muslims are based on Sharia law, which is therefore partially applied in India,[40] and on laws and court decisions that adapt and adapt Sharia law to Indian society. The part of fiqh that is considered a personal right for Indian Muslims is called Muslim law. Although Muslim law is largely uncodified, it has the same legal status as other codified laws. [41] The development of the law is largely based on judicial precedents that have recently been reviewed by the courts. [41] The concept of judicial precedent and „judicial review” is a key element of the United Kingdom common law on which Indian law is based. The contribution of Justice V.R. Krishna Iyer is important both in terms of the interpretation of legal law and personal law. The common law, as the legendary English jurist Sir Frederick Pollock so aptly put it, testifies to the comprehensive nature of the law. This utterly universal and sensitive law has functioned since its inception as a derivative of human behavior used to maintain order where there was none.

But what is the common law? The term itself may seem explicit, although most people don`t know exactly what it means: it refers to unwritten, judicially made law as opposed to written law (law). The common law was developed by judges through court decisions. A common law system was first developed in England, from where, with the aggressive expansion of the English Empire, this legal system also passed to different parts of the world, of which India became one of its targets. In the following sections, we will discuss the origins of this legal form and its application in the Indian context. A common law system is less prescriptive than a civil law system. As a result, a government may wish to enshrine the protection of its citizens in specific legislation related to the proposed infrastructure program. The introduction of the Goods and Services Tax (GST) is an important step in India`s indirect tax reform. Merging several central and state taxes into a single tax would mitigate the cascade or double taxation and facilitate the creation of a common national market. The simplicity of the tax should facilitate administration and enforcement. From the consumer`s point of view, the biggest benefit would be a reduction in the overall tax burden on goods, currently estimated at 25%-30%, the free movement of goods from one state to another without stopping for hours at state borders to pay state taxes or import taxes, and a significant reduction in red tape. The application of the common law was paramount in the Indian context; it was anchored in the Indian legal system over a period of two centuries by the English to such an extent that no individual identity can be attributed to Indian jurisprudence.

It may therefore be said that the common law was applicable here, albeit in a different form from that of England, since the needs and requirements of Indian society differed from those of the English. It should be noted that much of the law compiled in today`s codes derives primarily from common law principles. The basic laws of civil and criminal justice are the Indian Penal Code of 1860, the Indian Evidence Act of 1872, the Code of Criminal Procedure of 1973 and the Code of Civil Procedure of 1908. It has already been discussed how these laws came into being, one thing can be said about these laws that they have stood the test of time with minimal changes. The codification of laws unified the law throughout the country and fostered a kind of legal unity in the Basic Laws. The codes apply uniformly across the country. It can be said that the existing Indian legal system has a simultaneous existence, that is, with the advent of English in India. During the 1600s, as the enterprising British East India Company advanced into India amid commercial interests, the Indian masses, or even their future rulers, did not know that they would shape the foundations of modern Indian society. This transformation occurred in various ways, but the most important of these developments was the creation of a new type of justice system based primarily on the common law system pursued in England. When the East India Company took control of the territories leased from them by the Mughals for commercial purposes, they were given the power to govern all persons of the English government and society in these territories by the Crown in accordance with English Common Law. The law of India refers to the legal system throughout the Indian nation.